IN RE OPHAUG

No. 86-5294.

827 F.2d 340 (1987)

In re Francis Lane OPHAUG, individually and d/b/a Grove Hill Farm, Debtor. Thomas THUL and Janet Thul, Appellants, v. Francis Lane OPHAUG, individually and d/b/a Grove Hill Farm, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1987.


Attorney(s) appearing for the Case

Ronald F. Fischer, Grand Forks, N.D., for appellants.

Richard H. Ohlsen, Grand Forks, N.D., for appellee.

Before HEANEY, BOWMAN and MAGILL, Circuit Judges.


BOWMAN, Circuit Judge.

Thomas and Janet Thul appeal from the affirmance by the District Court of the Bankruptcy Court's dismissal of their complaint following trial. The Bankruptcy Court determined that Thomas Thul's $90,000 loan to Francis Lane Ophaug, fraudulently procured by Ophaug, was dischargeable in bankruptcy because Thul had not reasonably relied upon the misrepresentations made by Ophaug. We must decide whether section 523(a)(2)(A) of the Bankruptcy Code...

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